Films and Publications Act, 1996 (Act No. 65 of 1996)RulesEnforcement Committee Rules, 2022Schedule 1Part 3 : Enforcement Committee ProceduresCase Management28. Directions |
| (1) | The Enforcement Committee may at any time, on the request of a party or of its own initiative, at a case management conference, pre-hearing conference or otherwise, give such directions as are provided for in sub-rule 28 (2) of Schedule 1 or such other directions as it thinks fit to secure that the proceedings are dealt with justly and at proportionate cost. |
| (2) | The Enforcement Committee may give directions— |
| (a) | as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of the oral hearing; |
| (b) | that the parties file a reply, rejoinder or other additional pleadings or particulars; |
| (c) | for the preparation and exchange of skeleton arguments; |
| (d) | requiring persons to attend and give evidence or to produce documents; |
| (e) | requiring clarification of any matter in dispute or additional information in relation to any such matter; |
| (f) | as to the evidence which may be required or admitted in proceedings before the Enforcement Committee and the extent to which it must be oral or written; |
| (g) | as to the submission in advance of a hearing of any witness statements or expert reports; |
| (h) | as to the examination or cross-examination of witnesses; |
| (i) | for the filing of a list of issues; |
| (j) | for the production of bundles for any hearing; |
| (k) | for the creation of a confidentiality ring; |
| (l) | as to the fixing of time limits with respect to any aspect of the proceedings; |
| (m) | as to the abridgement or extension of any time limits, whether or not expired; |
| (n) | that the whole or part of any proceedings or judgment be stayed either generally or until a specified date or event; |
| (o) | to enable a disputed decision to be referred back in whole or in part to the person by whom it was taken; |
| (p) | for the disclosure and the production by a party or third party of documents or classes of documents; |
| (q) | for the appointment and instruction of experts, whether by the Enforcement Committee or by the parties and as to the manner in which expert evidence is to be given; |
| (r) | for the costs management of proceedings, including for the provision of such schedules of incurred and estimated costs as the Enforcement Committee thinks fit; |
| (s) | for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the Enforcement Committee; |
| (u) | for the hearing of any issues as preliminary issues prior to the main substantive hearing; and |
| (v) | for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person. |
| (3) | The Enforcement Committee may also, of its own initiative— |
| (a) | put questions to the parties; |
| (b) | invite the parties to make written or oral submissions on certain aspects of the proceedings; |
| (c) | ask the parties or third parties for information or particulars; |
| i. | ask for documents relating to the case to be produced; and |
| ii. | summon the parties’ representatives or the parties in person to meetings. |
| (4) | A request by a party for directions shall— |
| (a) | be made in writing as soon as practicable; |
| (b) | be supported by reasons and indicate whether it is agreed or contested by the other parties; |
| (c) | be served on any other party who might be affected by such directions; and |
| (d) | be determined by the Enforcement Committee taking into account the observations of the parties. |